Document Type

Article

Publication Date

2026

Publication Title

Belmont Law Review

Abstract

Scholars have long disputed the extent to which Congress may permissibly regulate the nation's foreign intelligence apparatus. Positions in this debate range from the view that Congress and the President share power over intelligence to the opinion that intelligence matters fall within the President's exclusive Article II authority. This Article examines the extent to which the text of Executive Order No. 12,333-the intelligence community's governing charter-supports the most expansive conceptions of presidential authority over intelligence matters. It concludes that the Order is best understood as recognizing Congress's power to pass laws governing the conduct of intelligence-laws that preclude executive refinement where Congress has occupied the field.

Volume

1

First Page

270

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